Nasar Machan vs The District Collector
2023 Latest Caselaw 3701 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
         THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945
                 WP(C) NO. 11128 OF 2023
PETITIONER:

         NASAR MACHAN
         AGED 57 YEARS
         S/O ABDUL SUBHAN,
         MACHAN HOUSE,
         SULTHAN BATHARI,
         WAYANAD,
         PIN - 673592

         BY ADVS.K.N.ABHILASH
                 SUNIL NAIR PALAKKAT
                 N.K.SHEEBA
                 RITHIK S.ANAND
                 ANU PAUL
                 SREELAKSHMI MENON P.


RESPONDENTS:

    1    THE DISTRICT COLLECTOR
         WAYANAD DISTRICT,
         COLLECTORATE,
         WAYANAD,
         PIN - 673121

    2    THE DEPUTY THAHSILDAR (RR)
         SULTHAN BATHERY THALUK,
         WAYANAD DISTRICT,
         PIN - 673592

    3    THE VILLAGE OFFICER
         SULTHAN BATHERY,
         WAYANAD DISTRICT,
         PIN - 673592

    4    THE KERALA STATE BACKWARD CLASSES DEVELOPMENT
         CORPORATION LIMITED
         REPRESENTED BY ITS CHAIRMAN 2ND FLOOR,
         T.C. NO. 27/588(7)&(8) PATTOOR,
         VANCHIYOOR P.O.,
         THIRUVANANTHAPURAM,
         PIN - 695035
 W.P.(C.) No. 11128/2023          2



     5       THE MANAGER
             THE KERALA STATE BACKWARD CLASSES DEVELOPMENT
             CORPORATION LIMITED,
             1ST FLOOR,
             NECHIYAN ARCADE,
             MENANGADI,
             WAYANAD,
             PIN - 673591

     6       HASEENA
             D/O MUHAMMED,
             KOENKATTI,
             VAGERI,
             WAYANAD DISTRICT,
             PIN - 673592


             R1 TO R3 BY SMT.RESHMI.K.M, SENIOR GOVERNMENT
             PLEADER
             R4 AND R5 BY SRI.M.SASINDRAN, SC


      THIS     WRIT PETITION     (CIVIL) HAVING   COME UP    FOR
ADMISSION ON 29.03.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.(C.) No. 11128/2023           3




                              JUDGMENT

Petitioner has stood as a surety for the loan availed by

the sixth respondent i.e., Haseena, D/o. Muhammed,

Koenkatti, Vageri, Wayanad District. Admittedly, repayment

was defaulted consequent to which the Kerala State

Backward Classes Development Corporation Limited

initiated recovery action resorting to the provisions of the

Kerala Revenue Recovery Act, 1968, evident from Exts.P1

and P2 notices issued under Sections 34 and 7 of the said

Act respectively. It is thus challenging the legality and

correctness of the said notices, this writ petition is filed.

2. Even though various contentions are raised,

learned counsel for the petitioner submitted that petitioner

may be permitted to repay the outstanding amount in

twelve equated monthly instalments.

3. I have heard learned counsel for the petitioner

Sri. Abhilash K.N., learned Standing Counsel for the Kerala

State Backward Classes Development Corporation Limited,

Sri. M Sasindran and learned Senior Government Pleader,

Smt. Reshmi K.M., and perused the pleadings and material

on record.

4. Since the petitioner sought for payment of the

amount in twelve equated monthly instalments, taking into

account the adverse financial and economic situations

prevailing in the community, the petitioner is permitted to

pay the outstanding amount in twelve equated monthly

instalments; the first of it shall be paid on or before

12.04.2023 and the balance instalments on the

corresponding date of the succeeding months.

5. I make it clear that, if the petitioner defaults any

one of the instalments, the respondents 1 to 5 will be at

liberty to proceed in accordance with law and recover the

amount in lump.

The writ petition is disposed of as above.

Sd/-

SHAJI P. CHALY JUDGE DCS/29.02.2023

APPENDIX

PETITIONER EXHIBITS

EXHIBIT-P1 TRUE COPY OF THE REVENUE RECOVERY NOTICE DATED 08/01/2023 UNDER SECTION 34 OF THE REVENUE RECOVERY ACT ISSUED BY THE 2ND RESPONDENT AGAINST THE PETITIONER

EXHIBIT-P2 THE TRUE COPY OF THE REVENUE RECOVERY DATED 26/11/2022 UNDER SECTION 7 OF THE REVENUE RECOVERY ACT ISSUED BY THE 2ND RESPONDENT AGAINST THE PETITIONER